[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]
122 STAT. 4028
Public Law 110-369
110th Congress
An Act
To approve the United States-India Agreement for Cooperation on Peaceful
Uses of Nuclear Energy, and for other purposes. [NOTE: Oct. 8,
2008 - [H.R. 7081]]
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, [NOTE: United States-
India Nuclear Cooperation Approval and Nonproliferation Enhancement
Act. 22 USC 8001 note.]
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``United States-India
Nuclear Cooperation Approval and Nonproliferation Enhancement Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
Sec. 2. Definitions.
TITLE I--APPROVAL OF UNITED STATES-INDIA AGREEMENT FOR COOPERATION ON
PEACEFUL USES OF NUCLEAR ENERGY
Sec. 101. Approval of Agreement.
Sec. 102. Declarations of policy; certification requirement; rule of
construction.
Sec. 103. Additional Protocol between India and the IAEA.
Sec. 104. Implementation of Safeguards Agreement between India and the
IAEA.
Sec. 105. Modified reporting to Congress.
TITLE II--STRENGTHENING UNITED STATES NONPROLIFERATION LAW RELATING TO
PEACEFUL NUCLEAR COOPERATION
Sec. 201. Procedures regarding a subsequent arrangement on reprocessing.
Sec. 202. Initiatives and negotiations relating to agreements for
peaceful nuclear cooperation.
Sec. 203. Actions required for resumption of peaceful nuclear
cooperation.
Sec. 204. United States Government policy at the Nuclear Suppliers Group
to strengthen the international nuclear nonproliferation
regime.
Sec. 205. Conforming amendments.
SEC. 2. DEFINITIONS.
In this Act:
(1) Agreement.--The term ``United States-India Agreement for
Cooperation on Peaceful Uses of Nuclear Energy'' or
``Agreement'' means the Agreement for Cooperation Between the
Government of the United States of America and the Government of
India Concerning Peaceful Uses of Nuclear Energy that was
transmitted to Congress by the President on September 10, 2008.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
[[Page 4029]]
122 STAT. 4029
TITLE I--APPROVAL OF UNITED STATES-INDIA AGREEMENT FOR COOPERATION ON
PEACEFUL USES OF NUCLEAR ENERGY
SEC. 101. APPROVAL OF AGREEMENT.
(a) In General.--Notwithstanding the provisions for congressional
consideration and approval of a proposed agreement for cooperation in
section 123 b. and d. of the Atomic Energy Act of 1954 (42 U.S.C. 2153
(b) and (d)), Congress hereby approves the United States-India Agreement
for Cooperation on Peaceful Uses of Nuclear Energy, subject to
subsection (b).
(b) Applicability of Atomic Energy Act of 1954, Hyde Act, and Other
Provisions of Law.--The Agreement shall be subject to the provisions of
the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), the Henry J.
Hyde United States-India Peaceful Atomic Energy Cooperation Act of 2006
(22 U.S.C. 8001 et. seq; Public Law 109-401), and any other applicable
United States law as if the Agreement had been approved pursuant to the
provisions for congressional consideration and approval of a proposed
agreement for cooperation in section 123 b. and d. of the Atomic Energy
Act of 1954.
(c) Sunset of Exemption Authority Under Hyde Act.--Section 104(f) of
the Henry J. Hyde United States-India Peaceful Atomic Energy Cooperation
Act of 2006 (22 U.S.C. 8003(f)) is amended by striking ``the enactment
of'' and all that follows through ``agreement'' and inserting ``the date
of the enactment of the United States-India Nuclear Cooperation Approval
and Nonproliferation Enhancement Act''.
SEC. 102. DECLARATIONS OF POLICY; CERTIFICATION REQUIREMENT; RULE
OF CONSTRUCTION.
(a) Declarations of Policy Relating to Meaning and Legal Effect of
Agreement.--Congress declares that it is the understanding of the United
States that the provisions of the United States-India Agreement for
Cooperation on Peaceful Uses of Nuclear Energy have the meanings
conveyed in the authoritative representations provided by the President
and his representatives to the Congress and its committees prior to
September 20, 2008, regarding the meaning and legal effect of the
Agreement.
(b) Declarations of Policy Relating to Transfer of Nuclear
Equipment, Materials, and Technology to India.--Congress makes the
following declarations of policy:
(1) Pursuant to section 103(a)(6) of the Henry J. Hyde
United States-India Peaceful Atomic Energy Cooperation Act of
2006 (22 U.S.C. 8002(a)(6)), in the event that nuclear transfers
to India are suspended or terminated pursuant to title I of such
Act (22 U.S.C. 8001 et seq.), the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.), or any other United States law, it is the
policy of the United States to seek to prevent the transfer to
India of nuclear equipment, materials, or technology from other
participating governments in the Nuclear Suppliers Group (NSG)
or from any other source.
(2) Pursuant to section 103(b)(10) of the Henry J. Hyde
United States-India Peaceful Atomic Energy Cooperation Act
[[Page 4030]]
122 STAT. 4030
of 2006 (22 U.S.C. 8002(b)(10)), any nuclear power reactor fuel
reserve provided to the Government of India for use in
safeguarded civilian nuclear facilities should be commensurate
with reasonable reactor operating requirements.
(c) Certification Requirement.-- [NOTE: President.] Before
exchanging diplomatic notes pursuant to Article 16(1) of the Agreement,
the President shall certify to Congress that entry into force and
implementation of the Agreement pursuant to its terms is consistent with
the obligation of the United States under the Treaty on the Non-
Proliferation of Nuclear Weapons, done at Washington, London, and Moscow
July 1, 1968, and entered into force March 5, 1970 (commonly known as
the ``Nuclear Non-Proliferation Treaty''), not in any way to assist,
encourage, or induce India to manufacture or otherwise acquire nuclear
weapons or other nuclear explosive devices.
(d) Rule of Construction.--Nothing in the Agreement shall be
construed to supersede the legal requirements of the Henry J. Hyde
United States-India Peaceful Atomic Energy Cooperation Act of 2006 or
the Atomic Energy Act of 1954.
SEC. 103. ADDITIONAL PROTOCOL BETWEEN INDIA AND THE IAEA.
Congress urges the Government of India to sign and adhere to an
Additional Protocol with the International Atomic Energy Agency (IAEA),
consistent with IAEA principles, practices, and policies, at the
earliest possible date.
SEC. 104. IMPLEMENTATION OF SAFEGUARDS AGREEMENT BETWEEN INDIA AND
THE IAEA.
Licenses [NOTE: President. Certification.] may be issued by the
Nuclear Regulatory Commission for transfers pursuant to the Agreement
only after the President determines and certifies to Congress that--
(1) the Agreement Between the Government of India and the
International Atomic Energy Agency for the Application of
Safeguards to Civilian Nuclear Facilities, as approved by the
Board of Governors of the International Atomic Energy Agency on
August 1, 2008 (the ``Safeguards Agreement''), has entered into
force; and
(2) the Government of India has filed a declaration of
facilities pursuant to paragraph 13 of the Safeguards Agreement
that is not materially inconsistent with the facilities and
schedule described in paragraph 14 of the separation plan
presented in the national parliament of India on May 11, 2006,
taking into account the later initiation of safeguards than was
anticipated in the separation plan.
SEC. 105. MODIFIED REPORTING TO CONGRESS.
(a) Information on Nuclear Activities of India.--Subsection (g)(1)
of section 104 of the Henry J. Hyde United States-India Peaceful Atomic
Energy Cooperation Act of 2006 (22 U.S.C. 8003) is amended--
(1) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E), respectively; and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) any material inconsistencies between the
content or timeliness of notifications by the Government
of India pursuant to paragraph 14(a) of the Safeguards
Agreement and the facilities and schedule described in
paragraph (14)
[[Page 4031]]
122 STAT. 4031
of the separation plan presented in the national
parliament of India on May 11, 2006, taking into account
the later initiation of safeguards than was anticipated
in the separation plan;''.
(b) Implementation and Compliance Report.--Subsection (g)(2) of such
section is amended--
(1) in subparagraph (K)(iv), by striking ``and'' at the end;
(2) in subparagraph (L), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(M) with respect to the United States-India
Agreement for Cooperation on Peaceful Uses of Nuclear
Energy (hereinafter in this subparagraph referred to as
the `Agreement') approved under section 101(a) of the
United States-India Nuclear Cooperation Approval and
Nonproliferation Enhancement Act--
``(i) a listing of--
``(I) all provision of sensitive
nuclear technology to India, and other
such information as may be so designated
by the United States or India under
Article 1(Q); and
``(II) all facilities in India
notified pursuant to Article 7(1) of the
Agreement;
``(ii) a description of--
``(I) any agreed safeguards or any
other form of verification for by-
product material decided by mutual
agreement pursuant to the terms of
Article 1(A) of the Agreement;
``(II) research and development
undertaken in such areas as may be
agreed between the United States and
India as detailed in Article 2(2)(a.) of
the Agreement;
``(III) the civil nuclear
cooperation activities undertaken under
Article 2(2)(d.) of the Agreement;
``(IV) any United States efforts to
help India develop a strategic reserve
of nuclear fuel as called for in Article
2(2)(e.) of the Agreement;
``(V) any United States efforts to
fulfill political commitments made in
Article 5(6) of the Agreement;
``(VI) any negotiations that have
occurred or are ongoing under Article
6(iii.) of the Agreement; and
``(VII) any transfers beyond the
territorial jurisdiction of India
pursuant to Article 7(2) of the
Agreement, including a listing of the
receiving country of each such transfer;
``(iii) an analysis of--
``(I) any instances in which the
United States or India requested
consultations arising from concerns over
compliance with the provisions of
Article 7(1) of the Agreement, and the
results of such consultations; and
[[Page 4032]]
122 STAT. 4032
``(II) any matters not otherwise
identified in this report that have
become the subject of consultations
pursuant to Article 13(2) of the
Agreement, and a statement as to whether
such matters were resolved by the end of
the reporting period; and
``(iv) a statement as to whether--
``(I) any consultations are expected
to occur under Article 16(5) of the
Agreement; and
``(II) any enrichment is being
carried out pursuant to Article 6 of the
Agreement.''.
TITLE II--STRENGTHENING UNITED STATES NONPROLIFERATION LAW RELATING TO
PEACEFUL NUCLEAR COOPERATION
SEC. 201. PROCEDURES REGARDING A SUBSEQUENT ARRANGEMENT ON
REPROCESSING.
(a) In General.--Notwithstanding section 131 of the Atomic Energy
Act of 1954 (42 U.S.C. 2160), no proposed subsequent arrangement
concerning arrangements and procedures regarding reprocessing or other
alteration in form or content, as provided for in Article 6 of the
Agreement, shall take effect until the requirements specified in
subsection (b) are met.
(b) Requirements.--The requirements referred to in subsection (a)
are the following:
(1) [NOTE: President. Reports.] The President transmits to
the appropriate congressional committees a report containing--
(A) the reasons for entering into such proposed
subsequent arrangement;
(B) a detailed description, including the text, of
such proposed subsequent arrangement; and
(C) a certification that the United States will
pursue efforts to ensure that any other nation that
permits India to reprocess or otherwise alter in form or
content nuclear material that the nation has transferred
to India or nuclear material and by-product material
used in or produced through the use of nuclear material,
non-nuclear material, or equipment that it has
transferred to India requires India to do so under
similar arrangements and procedures.
(2) A [NOTE: Time period.] period of 30 days of continuous
session (as defined by section 130 g.(2) of the Atomic Energy
Act of 1954 (42 U.S.C. 2159 (g)(2)) has elapsed after
transmittal of the report required under paragraph (1).
(c) Resolution of Disapproval.--Notwithstanding the requirements in
subsection (b) having been met, a subsequent arrangement referred to in
subsection (a) shall not become effective if during the time specified
in subsection (b)(2), Congress adopts, and there is enacted, a joint
resolution stating in substance that Congress does not favor such
subsequent arrangement. Any such resolution shall be considered pursuant
to the procedures set forth in section 130 i. of the Atomic Energy Act
of 1954 (42 U.S.C. 2159 (i)), as amended by section 205 of this Act.
[[Page 4033]]
122 STAT. 4033
SEC. 202. INITIATIVES AND NEGOTIATIONS RELATING TO AGREEMENTS FOR
PEACEFUL NUCLEAR COOPERATION.
Section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) is
amended by adding at the end the following:
``e. The [NOTE: President.] President shall keep
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations
of the Senate fully and currently informed of any
initiative or negotiations relating to a new or amended
agreement for peaceful nuclear cooperation pursuant to
this section (except an agreement arranged pursuant to
section 91 c., 144 b., 144 c., or 144 d., or an
amendment thereto).''.
SEC. 203. ACTIONS REQUIRED FOR RESUMPTION OF PEACEFUL NUCLEAR
COOPERATION.
Section 129 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2158 (a))
is amended by striking ``Congress adopts a concurrent resolution'' and
inserting ``Congress adopts, and there is enacted, a joint resolution''.
SEC. 204. [NOTE: President.] UNITED STATES GOVERNMENT POLICY AT
THE NUCLEAR SUPPLIERS GROUP TO STRENGTHEN
THE INTERNATIONAL NUCLEAR NONPROLIFERATION
REGIME.
(a) Certification.--Before exchanging diplomatic notes pursuant to
Article 16(1) of the Agreement, the President shall certify to the
appropriate congressional committees that it is the policy of the United
States to work with members of the Nuclear Suppliers Group (NSG),
individually and collectively, to agree to further restrict the
transfers of equipment and technology related to the enrichment of
uranium and reprocessing of spent nuclear fuel.
(b) Peaceful Use Assurances for Certain By-Product Material.--The
President shall seek to achieve, by the earliest possible date, either
within the NSG or with relevant NSG Participating Governments, the
adoption of principles, reporting, and exchanges of information as may
be appropriate to assure peaceful use and accounting of by-product
material in a manner that is substantially equivalent to the relevant
provisions of the Agreement.
(c) Report.--
(1) In general.--Not later than six months after the date of
the enactment of this Act, and every six months thereafter, the
President shall transmit to the appropriate congressional
committees a report on efforts by the United States pursuant to
subsections (a) and (b).
(2) Termination.--The requirement to transmit the report
under paragraph (1) terminates on the date on which the
President transmits a report pursuant to such paragraph stating
that the objectives in subsections (a) and (b) have been
achieved.
SEC. 205. CONFORMING AMENDMENTS.
Section 130 i. of the Atomic Energy Act of 1954 (42 U.S.C. 2159 (i))
is amended--
(1) in paragraph (1), by striking ``means a joint
resolution'' and all that follows through ``, with the date''
and inserting the following: ``means--
``(A) for an agreement for cooperation pursuant to section
123 of this Act, a joint resolution, the matter after the
resolving
[[Page 4034]]
122 STAT. 4034
clause of which is as follows: `That the Congress (does or does
not) favor the proposed agreement for cooperation transmitted to
the Congress by the President on _____ .',
``(B) for a determination under section 129 of this Act, a
joint resolution, the matter after the resolving clause of which
is as follows: `That the Congress does not favor the
determination transmitted to the Congress by the President on
_____ .', or
``(C) for a subsequent arrangement under section 201 of the
United States-India Nuclear Cooperation Approval and
Nonproliferation Enhancement Act, a joint resolution, the matter
after the resolving clause of which is as follows: `That the
Congress does not favor the subsequent arrangement to the
Agreement for Cooperation Between the Government of the United
States of America and the Government of India Concerning
Peaceful Uses of Nuclear Energy that was transmitted to Congress
by the President on September 10, 2008.',
with the date''; and
(2) in paragraph (4)--
(A) by inserting after ``45 days after its
introduction'' the following ``(or in the case of a
joint resolution related to a subsequent arrangement
under section 201 of the United States-India Nuclear
Cooperation Approval and Nonproliferation Enhancement
Act, 15 days after its introduction)''; and
(B) by inserting after ``45-day period'' the
following: ``(or in the case of a joint resolution
related to a subsequent arrangement under section 201 of
the United States-India Nuclear Cooperation Approval and
Nonproliferation Enhancement Act, 15-day period)''.
Approved October 8, 2008.
LEGISLATIVE HISTORY--H.R. 7081:
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CONGRESSIONAL RECORD, Vol. 154 (2008):
Sept. 26, 27, considered and passed House.
Oct. 1, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 44 (2008):
Oct. 8, Presidential remarks and statement.